Town of Rotterdam, NY
Schenectady County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Rotterdam 3-17-1982 by L.L. No. 3-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Carnivals and tent shows — See Ch. 98.
Fees — See Ch. 126.
Public entertainment — See Ch. 217.
Zoning — See Ch. 270.

§ 74-1 Purpose.

The purpose of this chapter is to control the establishment of game rooms by licensing in order to determine whether premises containing game rooms comply with all fire, health, sanitary and building codes and laws and other applicable state and local laws, ordinances and regulations and to adopt rules and regulations governing the occupancy and use of such game rooms.

§ 74-2 Definitions.

As used in this chapter, the following terms shall have meanings indicated:
AMUSEMENT GAME 
 Any mechanical, electric or electronic device used or designed to be operated for entertainment or as a game of skill by the insertion of a piece of money, coin, token or other article or by paying money to have it activated. This definition does not include:
A. 
A jukebox.
B. 
Amusement rides.
C. 
Bowling lanes.
D. 
Any device maintained within a private residence for use of the occupants thereof and their guests.
E. 
Any device, the possession or use of which is prohibited by law.
F. 
Pool tables.
GAME ROOM
A room or place used exclusively for and containing more than four amusement games and meeting the specifications prescribed by this chapter.
PERSON
One or more individuals, a corporation, partnership, association, trust, firm, trustee, receiver or assignee or any other legal entity.
PREMISES
Any room, building or place to which the general public has access or to which individuals have access with the permission of the person in control thereof.
TOWN
The Town of Rotterdam.

§ 74-3 Restriction on possession of amusement games.

No person shall place or permit to be placed upon any premises owned by him or under his control as manager, proprietor, lessee or otherwise, more than four amusement games, unless he shall have established a game room in accordance with the provisions of this chapter.

§ 74-4 License required.

No person shall operate a game room in the Town unless the person is licensed to do so pursuant to the provisions of this chapter.

§ 74-5 License application procedure.

A. 
Each application for a license hereunder shall be filed with the Town Clerk, in duplicate, and shall specify:
(1) 
The name, address and telephone number of the applicant and, if a firm, corporation, partnership or association, the principal officers thereof and their addresses and telephone numbers.
(2) 
The address of the premises where the game room is to be operated, together with the character of the business carried on at such premises if used other than exclusively as a game room.
(3) 
The name and address of the registered agent, if any, of the applicant, upon whom service of process is authorized to be made.
(4) 
The name, address and telephone number of the manager, if any, of the applicant, who shall be in charge of the applicant's game room in the Town of Rotterdam.
(5) 
The floor area of the game room and the number of amusement games which applicant proposes to place in the game room.
B. 
The application shall contain a certification, under oath, made by the applicant, or a principal officer thereof if the applicant is other than a natural person, that the information contained in the application is complete, accurate and truthful to the best of his knowledge and belief.
C. 
If the establishment of the game room necessitates construction, reconstruction, alteration or remodeling of a premises so that a building permit is required therefor, the application shall not be submitted until such time as the permit is obtained by the applicant. If a site plan approval is a prerequisite to the issuance of the building permit under Article XVIII, Site Plan Approval, of the Zoning Ordinance of the Town of Rotterdam, the site plan review shall be completed prior to the submission of the license application. The report of the Planning Commission as provided by § 270-134, Final site plan approval, of the Code shall be submitted to the Building Inspector/Code Enforcement Officer.
[Amended 3-12-1986 by L.L. No. 4-1986[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 74-6 License fees; expiration and renewal of license.

A. 
The annual license fees shall be as set forth in Ch. 126, Fees. No additional fees shall be payable for game machines.
[Amended 1-25-1989 by L.L. No. 1-1989]
B. 
The license year shall be from January 1 to December 31 of each year, and all licenses shall expire on the 31st day of December of each year.
C. 
The license fee shall be payable annually in advance and shall accompany the application for a license. Where the application is submitted on or subsequent to July 1 of any year, the applicant shall pay a license fee as set forth in Ch. 126, Fees.
[Amended 1-25-1989 by L.L. No. 1-1989]
D. 
The license may be renewed by the licensee by payment to the Town Clerk of the fee in effect at the time of renewal.

§ 74-7 Transmittal of application to Building Inspector/Code Enforcement Officer; compliance with other standards.

A. 
The Town Clerk shall, within three working days of receipt thereof, forward a copy of the application to the Building Inspector/Code Enforcement Officer for review and report.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
No license shall be granted unless the premises in which the game room is to be situate meets all requirements of fire, housing, building, sanitary, electrical and plumbing codes of the Town and any other applicable Town or state laws, rules and regulations, ordinances or local laws.

§ 74-8 Review of application; issuance or denial of license.

A. 
The Building Inspector/Code Enforcement Officer shall review the application and, with the advice and assistance of such other Town personnel as may be necessary, inspect the premises to ascertain whether the premises comply with all applicable fire, housing, building, sanitary, electrical and plumbing codes, state or local. The inspection and review shall be completed within 14 working days after the date of the receipt of the copy of the application by the Building Inspector/Code Enforcement Officer or within seven working days of the final completion of any construction, alteration or remodeling of a premises authorized by a building permit after, if necessary, site plan review. Within six working days after completion of the inspection and review, the Building Inspector/Code Enforcement Officer shall, by letter to the Town Clerk and a copy to the applicant, either authorize issuance of the license or deny the same with the reasons for such denial. The denial of such license shall be subject to review by certiorari.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Within five working days of the receipt of said letter by the Town Clerk, the license, if authorized, shall be issued by the Town Clerk.
C. 
If the license is denied, 25% of the paid license fee shall be returned to the applicant, the balance going to offset the costs of the application review.

§ 74-9 Display of license; transferability.

A. 
The license shall be posted in a conspicuous place in the game room.
B. 
All licenses shall be nonassignable and nontransferable.

§ 74-10 Operation of game rooms.

A. 
The licensee shall not permit any individuals to bet or gamble on the premises in which the game room is situate.
B. 
The licensee shall, at all times, maintain good order and shall not permit any disturbance, congestion or loitering upon the premise in which the game room is situate.
C. 
No game room shall be without sanitary facilities as required by local or state law or contain any fire, safety or health hazard prohibited by local or state law.
D. 
No licensee shall refuse to cooperate fully with the Town Clerk, any law enforcement officer or agency or the Town Building Inspector/Code Enforcement Officer.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Possession or consumption of alcoholic beverages, except upon premises licensed for on-premises possession or consumption is prohibited.
F. 
The owner or operator of a game room shall not allow it to be open or used unless it is under the control and supervision of a person at least 18 years of age who shall ensure that it is operated in compliance with these regulations.
G. 
No cash awards shall be offered or given in any contest, tournament, league or individual play on any amusement game.

§ 74-11 Existing game rooms. [1]

If any person shall have on premises under his control more than four amusement games on the effective date of this chapter, the person shall apply for a game room license within 30 days after such effective date. The utilization of the amusement games by such person shall be permissible without a license pending a final determination by the Building Inspector/Code Enforcement Officer on the application in accordance with the procedures prescribed in this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 74-12 Enforcement. [1]

All officers of the Town Police Department and the Town Building Inspector/Code Enforcement Officer are authorized to enforce the provisions of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 74-13 Revocation of license.

A. 
Every license issued hereunder is subject to revocation by the Town Board for the violation of any of the provisions of this chapter. Any material misstated or omitted in the license application shall constitute grounds for revocation. The revocation shall occur only after a hearing.
B. 
The licensee shall be given 10 days' notice of the date of such hearing, and such notice shall state the grounds therefor. At such hearing, the licensee may submit pertinent information on his own behalf.

§ 74-14 Penalties for offenses; complaints; civil action.

A. 
Violations. Any person or persons, firm or corporation violating any of the provisions of this chapter shall be guilty of an offense punishable by a fine not to exceed $250 or imprisonment not to exceed 15 days, or by both such fine and imprisonment. Each week's continuous violation shall constitute a separate additional violation. The Town Board shall have such other remedies as are allowable by law.
[Amended 3-12-1986 by L.L. No. 4-1986]
B. 
Complaints. Whenever a violation of this chapter occurs, any individual may file a complaint. Such complaint shall be in writing and shall be filed with the Building Inspector/Code Enforcement Officer. Such complaint shall be immediately investigated, and a written report thereon filed with the Town Board within 30 days.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Civil action. In addition, the Town Board may authorize the institution of any appropriate civil action, including an action for injunction, for the purpose of enforcing this chapter.

§ 74-15 Exemptions.

This chapter shall not have application to the possession or operation of amusement games by nonprofit corporations, associations or groups, unless the amusement games are available for use by the general public. Additionally, this chapter shall not have application to all premises holding a valid New York State liquor license where there is on-premises consumption of alcoholic beverages.